GateHouse Media part of appeal to DA’s denial of records request in Remy case

Wednesday

Feb 12, 2014 at 8:03 PMFeb 12, 2014 at 8:09 PM

Eli Shermanesherman@wickedlocal.com

The Waltham News Tribune and its parent company GateHouse Media, also the parent company of the Taunton Daily Gazette and the Herald News, on Wednesday appealed the Middlesex District Attorney’s denial of a Public Records Law request for details about murder suspect Jared Remy’s previous assault case.

The public records request, filed by the News Tribune Jan. 8, asked Middlesex DA Marian Ryan for a complete copy of an independent review done on her office as it related to the release of Remy — son of Boston Red Sox broadcaster Jerry Remy — at his Aug. 14 arraignment in Waltham District Court.

In the appeal, GateHouse lawyer Michael Grygiel wrote, “Hiding behind conclusory generalities, the DA’s contention that the investigatory exemption applies here lacks any merit whatsoever. It should be rejected, and the full report should be disclosed immediately.

“…Releasing the report, which concerns the reasons the DA recommended Mr. Remy’s release, will not frustrate the purpose of the CORI statute, which was enacted to protect criminal defendants rather than to give government agencies a convenient vehicle for withholding public records.”

Goodrich echoed Grygiel’s words, saying the document would help serve as a window into what went wrong.

“We feel strongly that the public deserves a complete explanation of why Jared Remy was released, particularly in view of the tragedy that followed so soon afterward,” Goodrich said.

Remy was arrested on Aug. 13 in Waltham and charged with assaulting his then-girlfriend Jennifer Martel. He was released without bail the next day on his own recognizance, but was arrested again the following night and charged with murdering Martel at their Waltham home.

Ryan and her office came under heavy criticism following the killing when reports came out about Remy being released on Aug. 14. No stranger to the courts, Remy, before the murder charge, had 15 prior criminal complaints since 1998, according to court documents. The complaints included eight charges of assault and battery with a dangerous weapon and three assault and battery charges. In 2003, Remy was charged with assaulting and threatening to kill a previous girlfriend.

Ryan, in response to criticism, commissioned an independent review of Remy’s Aug. 14 arraignment on the assault charge, which was conducted by Norfolk First Assistant District Attorney Jeanmarie Carroll and former Essex DA Kevin M. Burke.

The review was released to the public on Dec. 3 as a five-paragraph executive summary. Given the circumstances and severity of the situation, Goodrich, the News Tribune and GateHouse Media are calling on Ryan to release the entire review.

“The stonewalling and lack of transparency from the DA’s office is unacceptable coming from our public servants, particularly in an election year,” Goodrich said.

Ryan was appointed district attorney in 2012 after former DA Gerry Leone left the job to enter the private sector. Ryan’s seat is up for election this year.

In a statement released Wednesday afternoon, Ryan said information was withheld because the case is still open, she wanted to protect the family of Martel and she wanted to ensure “a fair and impartial prosecution for her death.”

“Information in the report is precluded from disclosure under Criminal Offender Record Information laws, which prevent law enforcement from disseminating information to the public that may prejudice a fair trial,” Ryan said. “We have disclosed the summary of the report and made ourselves and the author of the report available to take direct questions to provide the public with insight about the findings of the independent review without violating our professional obligations in this case.”

The report cited weakness in the DA’s supervision of domestic violence cases at the pre-arraignment stage, but because Ryan commissioned the review, she has custodial control over its findings. A similar records request was sent to Carroll, but all inquiries were referred to Ryan.

In the DA’s denial of the News Tribune’s request, Assistant District Attorney KerryAnne Kilcoyne — who deals with all public records requests — told the newspaper the report contained information that “directly relates to an active and open criminal case.” She said the disclosure of the records would be “presumptively prejudicial to effective law enforcement and prosecution and may reveal the Commonwealth’s case prior to trial.”

In the appeal, Grygiel argued against these exemptions cited by the DA’s Office.

“First, the report does not appear to involve any information that could possibly compromise the Commonwealth’s criminal case against Mr. Remy. Indeed, the report is an internal investigation of the DA’s decision-making process concerning Mr. Remy’s assault and battery charge two days before the alleged murder,” Grygiel wrote. “Based on the DA’s own description of the report, its contents have little, if anything, to do with whatever criminal investigation may still be ‘active and ongoing.’”

Remy's murder trial is scheduled to begin in October in Middlesex Superior Court.

Following the DA’s denial to the News Tribune, Boston Globe columnist Joan Vennochi also filed a public records request, according to her Feb. 2 column.

GateHouse Media and the News Tribune sent the appeal to the state’s Supervisor of Records in Secretary of State William Galvin’s Office.

“We will continue to pursue our options to have the report made public, and are confident that the law is on our side,” Goodrich said.